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CONFIDENTIAL

Jan. 27, 1996

Insurance
Bad Faith
Uninsured Motorist

Confidential

Settlement –  $100,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Scott J. Corwin
(Scott J. Corwin APLC)


Defendant

Gary A. Davis
(Davis & Whitlock PC)


Facts

On August 6, 1994, the claimant, a 44-year-old insurance saleswoman, was involved in an automobile accident with an uninsured motorist ("UM"). On November 16, 1994, the claimant made a claim for uninsured motorist benefits to its insurance carrier on the basis of soft tissue injuries allegedly sustained in the accident. The claimant demanded for $15,000 (UM policy limits). The insurance carrier offered $7,200. On December 3, 1994, the claimant made a demand for a UM arbitration, which was held and resulted in a $19,700 award in favor of the claimant. The claimant then initiated the within bad faith allegations against the insurance carrier asserting bad faith in its handling of the UM claim.

Settlement Discussions

The claimant demanded $200,000 and the insurance carrier offered $50,000. A confidentiality agreement was part of the settlement.

Damages

The claimant asserted the existence of emotional distress and change to her credit record.

Other Information

The claim was settled without filing a lawsuit.


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